Laserfiche WebLink
Breadcrumb Navigation:
June 8, 2023 1 <br /> <br />Irregularities in Assessment of Tree Bylaw Fees <br />and Required Mitigation <br /> <br />Summary <br />Previous reports1,2 from June 2021 and May 2022 documented issues related to the proper <br />assessment of tree removal permit fees and mitigation payments required by the Lexington Tree <br />Bylaw. In these reports we identified the following issues: <br />• Failure to account properly for removed trees with 24” DBH or greater. <br />• Failure to use correct rates for tree permit fees and mitigation payments. <br />• Failure to assess any fees or mitigation for properties that had protected trees in the <br />setbacks removed <br />• Failure to account for all protected removed trees in the setback. <br /> <br />These irregularities, as well as others, continue to cost the Town tens of thousands of dollars per <br />year in lost revenue and decrease the incentive for developers to adhere to the bylaw. <br />Furthermore, opportunities to assess and collect monies owed the Town were not taken <br />advantage of despite the fact that the DPW was repeatedly made aware of them. <br />A companion report3 addresses irregularities in the collection of payments. <br /> <br />1. Introduction <br />This report is a comprehensive study of properties regulated by the Town of Lexington Tree <br />Bylaw4. It updates information on properties previously identified in earlier reports1.2 as <br />exhibiting irregularities in the assessment of tree removal fees and required mitigation. In <br />addition, it provides information about assessment irregularities that have come to light at other <br />properties. <br />Sections 2-5, describe the nature of the irregularities. Our findings and conclusion are presented <br />in Section 6. Appendices A and B review properties with irregularities identified in the June <br />2021 and May 2022 reports, respectively. We find that many of the commitments made to <br />follow up on specific properties were not carried out. Appendix C, contains an example of a <br />property at which no fees or mitigation payments were collected the despite numerous times that <br /> <br />1Report to the Tree Committee on Bylaw Enforcement Concerns <br />https://records.lexingtonma.gov/WebLink/0,0,0,0/doc/2487316/Page1.aspx <br />2Use of Open Gov and Bylaw enforcement <br />https://records.lexingtonma.gov/WebLink/0/doc/2510719/Page1.aspx <br />3 Irregularities in Collection of Tree Bylaw Fees and Mitigation Payments (to be submitted to Town archive). <br />4 Lexington Tree Bylaw <br /> https://ecode360.com/10535335